DAQ-2024-010527

State of Utah
SPENCER J. COX
Govenror
DEIDRE HENDERSON
Lieutenanl Goventor
Department of
Environmental Quality
Kimberly D. Shelley
Execulive Director
DTVISION OF AIR QUALITY
Bryce C. Bird
Director
August 9,2024
Sent Via Certified Mail No.
Lee Ware
Kilgore Companies,LLC
7057 West 2100 South
salt Lake city, uT 84128
Dear Mr. Ware:
DAQC-803-24
Site ID 10639 (B1)
70190700000208347150
Re: Compliance Advisory - Kilgore Companies,LLC, Utah Administrative Code (UAC)
R307-401, Approval Order (AO) DAQE-AN106390008-14, San Juan County
On July 25,2024, a representative of the Utah Division of Air Quality (DAQ) conducted an
inspection of LeGrand Johnson Construction Company, owned by Kilgore Companies,LLC,
located at 5l0l East Old Airport Road, Moab, Utah. The DAQ observed unpermitted equipment
which may be violations of UAC R307-401-5 and AO DAQE-ANI06390008-14.
Kilgore Companies ,LLC is required to comply with the above regulations. A written response to
this letter is required within ten (10) business days of receipt of this letter.
Additional details about the above observations and regulations are attached to this letter. Please
contact Daniel Riddle at (385)-222-1357 or [e-mail] if you have any questions about this
letter.
Sincerely,
L4,4,-q;
Chad Gilgen, Manager
Minor Source Compliance Section
CG:DR:rh
San Juan Public Health Department
Alan Humpherys, Manager, Minor New Source Review
195 North 1950 West. Satt Lake City, UT
Mailing Address: P.O. Box 1M820. Salt Lake City, UT 841144820
Telephone [phone]. Far (801) 5364099 'T.D.D. [phone]
ww.deq.utuh.gov
Printed on 100% recycled paper
Potential Violation(s)
On July 25,2024, an inspector from the DAQ observed LeGrand Johnson Construction
Company, owned by Kilgore Companies ,LLc,located at 5101 East Old Airport Road, San
Juan County, Utah.
At the time of the inspection the DAQ documented the following potential violation:
Unapproved equipment was observed including two 125 kW generators, one new drum-mix
hot asphalt plant, two 10,000-gallon diesel storage tanks, two scalping spreens, and one
diesel-fired AC tank heater. Some of this equipment was observed by the DAQ on July 28,
2022. At the time, no compliance action was issued. The rest of the unpermitted equipment has
been installed since lily 2022. Kilgore Companies, LLC has been operating unpermitted
ioment at this site.
DAQC-803-24
Page 2
AO Conditions/Rules
UAC R307-401-5 states:
Except as provided in Sections Ri07-401-9 through R307-401-17, any person subject to Rule
R307-401 shall submit a notice of intent to the director and receive an approval order
precedent to the construction, modification, installation, establishment, or relocation of an air
pollutant source or indirect source. The notice of intent shall be in a format specified by the
director.
Cmdtt
Modifications to the equipment or processes approved by this AO that could affect the
emissions covered by this AO must be reviewed and approved. [R307-a01-1J
The purpose of a Compliance Advisory (CA) is to document observations made by the DAQ. You
are responsible for complying with the Utah Air Conservation Rules. There are possible
administrative and civil penalties for failing to do so. Section 19-2-115 of the Utah Code
Annotated provides that violators of the Utah Air Conservation Act and/or any order issued there
under may be subject to a civil penalty of up to $ 10,000 per day for each violation.
The written response to this CA will be considered in resolving the deficiencies documented in
this letter. It may include information demonstrating compliance with the regulations or a
schedule to bring your company back into compliance with the applicable regulations. The DAQ
will review your response and this CA may be revised as a result of that review. Failure to
respond in writing within ten (10) business days of receipt of this CA will be considered in any
subsequent enforcement action and the assessment of penalties.
Possible DAQ actions to resolve a CA include: No Further Action Letter, Warning Letter, Early
Administrative Settlement with reduced civil penalty, Settlement Agreement with civil penalty, or
Notice of Violation and Order to Comply.
DAQC-803-24
Page 3
This CA does not limit or preclude the DAQ from pursuing enforcement options concerning this
inspection. Also, this CA does not constitute a bar to enforcement action for conditions that the
DAQ did not observe or evaluate, or any other conditions found during future inspections.
A meeting may be requested to discuss this CA. Please contact Daniel Riddle at (385)-222-1357
or [e-mail] if you would like to request a meeting or if you have any questions about this
letter.
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LEE WARE
KTLGORE COMPSNIES LLC
7057 W 2100 s:'
SALT LAKE CITY UT 8/128-644?
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LEE WARE
KILGORE COMPANIES LLC
7057 W 2100 s
SALT LAKE CITY UT U128-U42
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LEE WARE
KILGORE COMPANIES, LLC
7057 W 2100 s
SALT LAKE CITY, UT 84128
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UTAH DIVISION OF AtR QUALITY
COMPLIANCE SECTION
PO BOX 144820
SALT LAKE CIry UT 841144820
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